NY State Senate Bill 2021-S3903A

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2022	print number 3903a
May 23, 2022	amend and recommit to children and families
Jan 05, 2022	referred to children and families
Feb 01, 2021	referred to children and families

Bill Amendments

Original

A (Active)

2021-S3903 - Details

See Assembly Version of this Bill:: A7468
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§410-x & 410-z, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9900
2017-2018: A290
2019-2020: S7773, A580
2023-2024: S3355, S9715, A1885

2021-S3903 - Summary

Requires the office of children and family services to utilize a cost estimation model when determining the actual cost providers incur when providing child care; requires the office to prepare a report detailing such.

2021-S3903 - Sponsor Memo

                                
 
BILL NUMBER: S3903

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the social services law, in relation to implementing a
cost estimation model for child care

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide data on the actual costs of providing child day care.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would require the Office of Children and Family Services

(OCFS) to utilize a cost estimation model to determine the actual costs
of providing day care in each setting, age group and for each level of
quality provided.

Section two would require OCFS to issue an annual report to the Gover-

nor, the Speaker of the Assembly and the Temporary President of the
Senate detailing the results of the cost estimation conducted pursuant
to section one.

Section three would set an effective date of 180 days after enactment.

 
JUSTIFICATION:

Every two years the Office of Children and Family Services (OCFS)
conducts a market rate survey among licensed, registered and legally-ex-
empt child care providers. The survey collects data on what child care
providers are charging for child care. The data collected is then used
to set a payment rate to providers for subsidized care.  While useful in
setting rates, the market rate survey does not necessarily reflect the
actual costs of providing child care. Child care providers have many
fixed costs such as maintaining adequate staff, complying with building
codes as well as regulatory and licensing requirements; yet they can
only charge what the market is willing to pay. When corresponding subsi-
dy rates are not high enough, the quality of child care sometimes
suffers as providers struggle to make ends meet.

This bill would require that a cost estimation model be utilized for
each category of care for which a market rate is determined. A cost
estimation model can provide valuable data on the actual cost of provid-
ing childcare, not just what price is charged to parents. Such informa-
tion can then be used to determine the adequacy of the rate paid to
providers, as well as inform policy decisions to ensure childcare
providers remain stable. Therefore, this legislation moves one step
forward in creating a more robust and better quality child care system.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.7773 (Kennedy) Committed To Rules

2019: S.245A (Kennedy)/ A.580 (Jaffee) Vetoed by Governor

2017-2018: S.1455(Avella)/ A.290 (Jaffee)

2015-16: A.9900-A (Jaffee)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3903 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3903
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to  implementing  a
   cost estimation model for child care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 5, 6, 7 and 8 of section 410-x of  the  social
 services  law are renumbered subdivisions 6, 7, 8 and 9 and a new subdi-
 vision 5 is added to read as follows:
   5. (A) FOR EACH GROUP FOR WHICH THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF  THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
 COST ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR  WHEN
 PROVIDING  CHILD CARE. THE COST ESTIMATION MODEL SHALL IDENTIFY AND TAKE
 INTO ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO  EMPLOYEE  SALARY
 AND  BENEFITS,  ENROLLMENT  LEVELS,  FACILITY  COSTS AND COMPLIANCE WITH
 STATUTORY AND REGULATORY REQUIREMENTS.  WHERE A QUALITY RATING SYSTEM OR
 ANY QUALITY INDICATORS ARE BEING UTILIZED,  THE  COST  ESTIMATION  MODEL
 SHALL  ALSO  TAKE  INTO  ACCOUNT  THE COST OF PROVIDING SERVICES AT EACH
 LEVEL OF QUALITY.
   (B) IN DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
 PROVIDERS AND ANY STATE ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  42
 U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
 STATISTICALLY  VALID,  USING  COMPLETE  AND  CURRENT  DATA  AND RIGOROUS
 COLLECTION METHODS.
   § 2. Section 410-z of the social services law, as added by section  52
 of  part  B  of  chapter  436 of the laws of 1997, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07970-01-1

 S. 3903                             2
 
   § 410-z. Reporting requirements.  1.  Each  social  services  district
 shall  collect  and  submit  to  the [department] OFFICE OF CHILDREN AND
 FAMILY SERVICES, in such form and at such times as    specified  by  the
 [department]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, such data and
 information  regarding  child   care assistance provided under the block
 grant as the [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES  may
 need to comply with federal reporting requirements.
   2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
 DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD  CARE  IN
 EACH  SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
 PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN-X OF  THIS
 TITLE.    THE REPORT SHALL DETAIL COST DATA FOR EACH SETTING, AGE GROUP,
 CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER GROUPING FOR
 WHICH A SEPARATE COST ESTIMATION IS CONDUCTED.  SUCH DATA SHALL INCLUDE:
   (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
 OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
   (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
   (C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING  TO  THE
 MARKET  RATE  DETERMINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES
 PURSUANT TO SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED  TEN-X  OF  THIS
 TITLE.
   THE  REPORT  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY  JUNE  FIRST,  TWO
 THOUSAND TWENTY-THREE AND JUNE FIRST OF EVERY OTHER YEAR THEREAFTER. THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  SHALL  POST THE INFORMATION
 CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 3. This act shall take effect immediately.

2021-S3903A (ACTIVE) - Details

See Assembly Version of this Bill:: A7468
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§410-x & 410-z, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9900
2017-2018: A290
2019-2020: S7773, A580
2023-2024: S3355, S9715, A1885

2021-S3903A (ACTIVE) - Summary

2021-S3903A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3903A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the social services law, in relation to implementing a
cost estimation model for child care

 
SUMMARY OF PROVISIONS:

Section 1 would require the Office of Children and Family Services
(OCFS) to utilize a cost estimation model to determine the actual costs
of providing day care in each setting, age group and for each level of
quality provided.

Section 2 would require OCFS to issue a one-time report to the Governor,
the Speaker of the Assembly and the Temporary President of the Senate
detailing the results of the cost estimation conducted pursuant to
section 1.

Section 3 would set an immediate effective date.

JUSTIFICATION:

Every two years the Office of Children and Family Services (OCFS)
conducts a market rate survey among licensed, registered and legally-ex-
empt child care providers. The survey collects data on what child care
providers are charging for child care. The data collected is then used
to set a payment rate to providers for subsidized care.  While useful in
setting rates, the market rate survey does not necessarily reflect the
actual costs of providing child care. Child care providers have many
fixed costs such as maintaining adequate staff, complying with building
codes-as well as regulatory and licensing requirements; yet they can
only charge what the market is willing to pay. When corresponding subsi-
dy rates are not high enough, the quality of child care sometimes
suffers as providers struggle to make ends meet.

This bill would require that a cost estimation model be utilized for
each category of care for which a market rate is determined. A cost
estimation model can provide valuable data on the actual cost of provid-
ing child care, not just what price is charged to parents. Such informa-
tion can then be used to determine the adequacy of the rate paid to
providers, as well as inform policy decisions to ensure child care
providers remain stable. Therefore, this legislation is one step forward
in creating a more robust and better quality child care system.

 
FISCAL IMPACT ON THE STATE:

TBD

 
LEGISLATIVE HISTORY:

2019: S.245A (Kennedy)/A.580 (Jaffee) Vetoed by Governor
2017-2018: S.1455 (Avella)/A.290 (Jaffee)
2015-16: A.9900-A (Jaffee)

 
EFFECTIVE DATE:
This act would take effect immediately.

2021-S3903A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3903--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to amend the social services law, in relation to implementing a
   cost estimation model for child care
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 5-a to read as follows:
   5-A. (A) FOR EACH GROUP FOR WHICH THE OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES DETERMINES A SEPARATE PAYMENT RATE PURSUANT TO SUBDIVISION FOUR
 OF  THIS SECTION, AND AT THE SAME FREQUENCY, SUCH OFFICE SHALL UTILIZE A
 COST ESTIMATION MODEL TO DETERMINE THE ACTUAL COST PROVIDERS INCUR  WHEN
 PROVIDING  CHILD CARE. THE COST ESTIMATION MODEL SHALL IDENTIFY AND TAKE
 INTO ACCOUNT COST DRIVERS INCLUDING BUT NOT LIMITED TO  EMPLOYEE  SALARY
 AND  BENEFITS,  ENROLLMENT  LEVELS,  FACILITY  COSTS AND COMPLIANCE WITH
 STATUTORY AND REGULATORY REQUIREMENTS.  WHERE A QUALITY RATING SYSTEM OR
 ANY QUALITY INDICATORS ARE BEING UTILIZED,  THE  COST  ESTIMATION  MODEL
 SHALL  ALSO  TAKE  INTO  ACCOUNT  THE COST OF PROVIDING SERVICES AT EACH
 LEVEL OF QUALITY.
   (B) IN DEVELOPING  SUCH  MODEL  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL CONSULT WITH STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 REPRESENTATIVES OF CHILD CARE RESOURCE AND REFERRAL AGENCIES, CHILD CARE
 PROVIDERS AND ANY STATE ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  42
 U.S.C.S. § 9831 ET. SEQ., AS AMENDED. THE COST ESTIMATION MODEL SHALL BE
 STATISTICALLY  VALID,  USING  COMPLETE  AND  CURRENT  DATA  AND RIGOROUS
 COLLECTION METHODS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07970-03-2
 S. 3903--A                          2

   § 2. Section 410-z of the social services law, as added by section  52
 of  part  B  of  chapter  436 of the laws of 1997, is amended to read as
 follows:
   §  410-z.  Reporting  requirements.  1.  Each social services district
 shall collect and submit to the  [department]  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  in  such  form and at such times as  specified by the
 [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  such  data  and
 information  regarding  child   care assistance provided under the block
 grant as the [department] OFFICE OF CHILDREN  AND  FAMILY  SERVICES  may
 need to comply with federal reporting requirements.
   2.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PREPARE A REPORT
 DETAILING THE ACTUAL COST PROVIDERS INCUR WHEN PROVIDING CHILD  CARE  IN
 EACH  SETTING, AS DETERMINED BY THE COST ESTIMATION MODEL ESTABLISHED IN
 PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TEN-X OF  THIS
 TITLE.    THE REPORT SHALL DETAIL COST DATA FOR EACH SETTING, AGE GROUP,
 CARE PROVIDED TO CHILDREN WITH SPECIAL NEEDS, AND ANY OTHER GROUPING FOR
 WHICH A SEPARATE COST ESTIMATION IS CONDUCTED.  SUCH DATA SHALL INCLUDE:
   (A) THE LEVEL OF QUALITY CARE AS DETERMINED BY A QUALITY RATING SYSTEM
 OR ANY QUALITY INDICATORS UTILIZED BY THE STATE;
   (B) A DESCRIPTION OF THE MAJOR COST DRIVERS FOR PROVIDING CARE; AND
   (C) A COMPARISON OF THE COSTS OF CHILD CARE FOR EACH GROUPING  TO  THE
 MARKET  RATE  DETERMINED  BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES
 PURSUANT TO SUBDIVISION FOUR OF  SECTION  FOUR  HUNDRED  TEN-X  OF  THIS
 TITLE.
   THE  REPORT  SHALL  BE  SUBMITTED  TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE BY  JUNE  FIRST,  TWO
 THOUSAND  TWENTY-THREE. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
 POST THE INFORMATION CONTAINED IN THE REPORT ON ITS WEBSITE.
   § 3. This act shall take effect immediately.

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Senate Bill S3903A

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

2021-S3903 - Details

2021-S3903 - Summary

2021-S3903 - Sponsor Memo

2021-S3903 - Bill Text download pdf

2021-S3903A (ACTIVE) - Details

2021-S3903A (ACTIVE) - Summary

2021-S3903A (ACTIVE) - Sponsor Memo

2021-S3903A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3903A

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

2021-S3903 - Details

2021-S3903 - Summary

2021-S3903 - Sponsor Memo

2021-S3903 - Bill Text download pdf

2021-S3903A (ACTIVE) - Details

2021-S3903A (ACTIVE) - Summary

2021-S3903A (ACTIVE) - Sponsor Memo

2021-S3903A (ACTIVE) - Bill Text download pdf

Comments